DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 37 OF 2022
Kousika Sahoo,
S/O-Late Maheswar Sahoo.At/Po-Orali,block-Hatadihi
Pin-758083 ........................................Complainant.
-Versus-
- Regional Manager, UIIC Ltd,
Branch Office-10 SatyaNagar, BBSR-751007
2. District Collector,Keonjhar-758001
3. Chief District Veterinary Officer, Keonjhar, Pin-&58001
4. V.A.S, Mareigaon, Keonjhar 758083 ....................Opposite Parties
Present:
Sri B.N.Patra, President
Sri. J.K.Behera, Member I/C
Advocate for complainant- Self
Advocate for O.Ps 1 – Ex-parte
Advocate for O.Ps 2 – Ex-parte
Advocate for Op-3 & 4 - Self
Date of filing- 04.07.2022 Date of order- 21.1.2023
Sri B.N Patra, President
Brief facts of the case is that the complainant had a cow bearing tag No-U11310004751943 under Veterinary Dept. Mareigaon which was insured under Live Stock Insurance Scheme 2014-2015 of F & ARD, Govt of Odisha. Op- 1 was United Insurance Company, Satyanagar Branch, Bhubaneswar. Chief District Veterinary Officer sent the death claim of 8 animals including the claim of complainant vide letter No-500 dtd 17.02.2016. But till the date of filing of the case, Op-1 did not settled the claim of Rs 30,000/- for which this case was filed praying to pay the insurance claim Rs 30,000/- with interest.
Under the above situation the case was admitted and notice issued to Ops. Op-1 & 2 did not appear so they are set-exparte. Only Op-3 & 4 appeared and submitted written version. In the above case the complainant relied on following documents.
1. Photocopy of letter No-13/Dt-22.1.16
2. Photocopy of application of complainant Dtd-15.01.16
3. Photocopy of Letter of Application Dtd.3.11.2015
4. Photocopy of Claim form
5. Photocopy of Grievance application to Collector, Keonjhar
6. Photocopy of Aadhar card of complainant
Op-3 & 4 submitted that the cow of Kousik Sahoo of Mariegaon vide cow tag no U11310004751943 was insured under United India Insurance company under Livestock Insurance Scheme 2014-15 of F & ARD Govt of Odisha. Premium of insurance amount of said cow is Rs 172.50 and had been deposited vide CDVO, Keonjhar letter No-4074, dtd-5.11.2015. Post mortem of said cow also held on 15.01.16.
He also submitted that after the death of cow all requisites of death claim had been sent vide CDVO-KJR-letter No. 500 dtd-17.02.2016 to Op-1. Due to undue delay by Op-1 letter of reminder was also sent vide letter No. 1883 dtd. 01.08.17. He also submitted that after receiving the previous application of complainant it was intimated to insurance company.
All the procedures have been followed, filing the death claim and timely premium deposit has been executed. So, the Insurance Company is totally liable to pay the death claim of that cow bearing tag No U11310004751943 of the complainant. And they prayed to exempt Op-3 & 4 from this case.
The petitioner supported the complaint petition and relied upon the documents filed by him along with affidavit.
Op-3 &4 relied the following documents –
1. Photocopy of Proposal cum Schedule of Life stock insurance
2. Photocopy of Letter No-4074 Dtd-5.11.15
3. Photocopy of Deposit slip
4. Photocopy of Letter No 500,Dtd-17.02.16
5. Photocopy of Letter No-1883 Dtd-01.08.17(v)
6. Photocopy of Letter No1303,Dtd-20.03.21
Points to be determined:
1. Whether the case is maintainable?
2. Whether the Op-1 has made unfair trade practice and deficiency of service?
3. Whether the complainant is entitled to get any relief as sought for?
FINDINGS
Under the above circumstance the cow bearing Tag No V1131000475143 was duly insured before the Insurance Company Op-1. Op-1 has not appeared and avoided to file written version. Chief District Veterinary Officer has made all formalities vide their different letters. But Insurance Company did not take take any step to reply any letter or communicated with parties. So it is a clearly unfair trade practice and so also deficiency in service by Op-1. So, Op-1 Insurance Company is liable to pay the insurance sum assured for the policy along with interest and compensation for mental harassment. . Op-2, 3 & 4 are not liable for any damage and claim. They have not made any deficiency of service and unfair trade practice.
ORDER
The complaint petition filed by complainant is allowed. Op-1 Untied Insurance Company Ltd. Branch Office, Satya Nagar, Bhubaneswar is directed to pay the insurance amount Rs 30,000/- with interest from the date of filing of death claim i.e. 17.02.2016. It is further directed that Op-1 shall pay Rs 20,000/- for mental agony and cost of litigation.
It is further directed that if Op-1 fails to comply the order to pay total amount Rs 50,000/- , (Rs 30,000/- +Rs 20,000/-) within 15 days of receipt of this order he shall be liable to pay 9% simple interest per annum for entire amount till the realisation of money.
Pronounced the order in open Commission today i.e. on dt.21.1.2023.
Free copy be supplied to parties, if applied for.
I agree
( Sri J. K. Behera) ( B.N. Patra )
Member, I/C (President)
DCDRC, Keonjhar DCDRC, Keonjhar
Dictated & Corrected by
( Sri B. N. Patra) President
DCDRC, Keonjhar
